RESERVE OFFICERS ASSOCIATION INCORPORATION

CONGRESSIONAL CHARTER

AN ACT To incorporate the Reserve Officers Association of the United States

June 30, 1950   [H. R. 5002] [Public Law 595]  

RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES INCORPORATION

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that the following-named persons, to wit, Colonel Clarence E. Barnes, Military Intelligence Reserve, Guthrie, Oklahoma; Colonel Henry G. Nulton, Infantry Reserve, 2 Broad Street, Elizabeth, New Jersey; Colonel Horace B. Hanson, Junior, Corps of Engineers Reserve, 700 Eighth Terrace, West Birmingham 4, Alabama; Brigadier General Donald B. Adams, Organized Reserve Corps, 391 Beachmont Drive, New Rochelle, New York; Commander John P. Bracken, United States Naval Reserve, 2107 Fidelity-Philadelphia Trust Building, Philadelphia 9, Pennsylvania;  Captain Robert A. Hall, United States Marine Corps Reserve, 4229 Emerson Street, Dallas, Texas; Captain Jesse Draper, United States Naval Reserve, Grant Building, Atlanta, Georgia; Colonel Morris J. Brummer, United States Air Force Reserve, 2017 Mariposa Street, Fresno, California; Captain Milton Zacharias, United States Air Force Reserve, 241 North Broadview, Wichita, Kansas; Captain Richard L. Wynes, United States Air Force Reserve, 2360 Coates Street, Dubuque, Iowa; Lieutenant Colonel Thomas H. King, Judge Advocate Generals Corps, Reserve, 5024 Bradley Boulevard, Chevy Chase, Maryland; Major Guilford D. Cummings, Junior, Corps of Engineers Reserve, 2317 Stary Avenue, Schenectady, New York; Lieutenant Colonel Harry P. Abbott, Chaplain Reserve, 6510 Cautrell Road, Little Rock, Arkansas; Colonel Edward M. Silverberg, Dental Corps Reserve, 809 Republic Building, Denver 2, Colorado; Colonel Eugene P. Walters, Field Artillery Reserve, First Military Government Battalion, A. P. 0. 154, care of Postmaster, New York, New York; Lieutenant Commander L. R. Smith, United States Naval Reserve, E. S. S.-INDGHQ-SCAP, A. P. 500, San Francisco, California; Colonel William H. Neblett, United States Air Force Reserve, 815 Fifteenth Street Northwest, Washington, District of Columbia; Brigadier General E. A. Evans, Organized Reserve Corps, 6336 Thirty-first Place Northwest, Washington, District of Columbia; Colonel C. M. Boyer, Honorary Reserve, 3518 South Utah Street, Fairlington, Virginia; Coilonel John P. Oliver, Judge Advocates General Corps, Reserve, 4524 Fulton Avenue, VanNuys, California; Colonel John T. Carlton, Armored Cavalry Reserve, 1617 Crestwood Drive, Alexandria, Virginia, their successors, and persons admitted to membership pursuant to the provisions of this Act, are hereby created a body corporate by the name of Reserve Officers Association of the United States (hereinafter referred to as the "corporation"), and by such name shall be known, and have perpetual succession and the powers, limitations, and restrictions contained in this Act.   SEC. 2.  A majority of the persons named in the first section of this Act and other persons selected from the membership of the Reserve Officers Association of the United States, an unincorporated association with national headquarters in the District of Columbia, met in national convention in Denver, Colorado, on June 16, 17, 18, and 19, 1948, and then and there, by and through duly elected delegates, adopted a national constitution and bylaws, elected national officers for such association, and did other acts and things necessary to the organization and continuance of the association. Such meeting in national convention, and the doing of such acts and things, on such dates, shall be held and considered to be a completion of the corporate organization of the Reserve Officers Association of the United States, the corporation created by this Act.  SEC. 3.  The object and purpose of the corporation shall be to support a military policy for the United States that will provide adequate national security and to promote the development and execution thereof.  SEC. 4.  The corporation shall have perpetual succession and power (1) to sue and be sued; 2) to acquire, hold, lease, and dispose of such real and personal property as may be necessary to carry out the corporate object and purpose; (3) to accept gifts, legacies, and devises in furtherance of the corporate object and purpose; (4) to adopt and alter a corporate seal; (5) to adopt and alter a constitution and bylaws not inconsistent with the laws of the United States or of any State; (6) to establish, regulate, and discontinue subordinate depart-mental subdivisions and local chapters; (7) to adopt and alter emblems and badges; (8) to publish a newspaper, magazine, or other publications and(9) to do any and all acts and things necessary and proper to carry out the object and purpose of the corporation.  SEC. 5.  Eligibility for membership in the corporation shall be determined according to the constitution and bylaws of the corporation.  SEC. 6.  Officers of the corporation shall be a president, three vice presidents, three junior vice presidents, three national executive committeemen, an executive director, a national treasurer, judge advocate, surgeon, chaplain, historian, public relations officer, and such other officers as may be determined in national convention by the corporation.  SEC. 7.  (a) The governing body of the corporation shall be a national executive committee consisting of the president, the last past president, three vice presidents, three junior vice presidents, three national executive committeemen, and he executive director. Each of such persons constituting the national executive committee, except the executive director, shall have one vote upon all matters determined by the committee. (b) The national officers of the corporation shall be elected at an annual national convention and shall hold office for one year or until their successors have been duly elected and qualified, except the executive director, the national treasurer, and the national public relations officer, who shall be appointed by the national executive committee. In the event of the death, inability to serve, or resignation of any mem-beer of the national executive committee, other than the last past president or the president, the vacancy shall be filled by the existing members of the national executive committee. Any person appointed by the committee to fill a vacancy shall serve until the next national convention when his successor shall be elected for the unexpired term, if any, caused by the vacancy. The national vice president of the same service as the president shall assume the duties and have the powers of the president in the event of his death, inability to serve, resignation, or absence.  (c) The national convention shall be composed of delegates elected by the various departments.  (d) The present national executive committee is composed of the following:  Colonel Clarence E. Barnes, Military Intelligence Reserve, Guthrie, Oklahoma;  Colonel William H. Neblett, United States Air Force Reserve, 815 Fifteenth Street Northwest, Washington, District of Columbia;  Colonel Henry G. Nulton, Infantry Reserve, 2 Broad Street, Elizabeth, New Jersey;  Commander John P. Bracken, United States Naval Reserve, 2107 Fidelity-Philadelphia Trust Building, Philadelphia 9, Pennsylvania;  Colonel Morris J. Brummer, United States Air Force Reserve, 2017 Mariposa Street, Fresno, California; Colonel Horace B. Hanson, Junior, Corps of Engineers Reserve, 700Eighth Terrace, West Birmingham 4, Alabama;  Captain Robert A. Hall, United States Marine Corps Reserve, 4229 Emerson Street, Dallas, Texas;  Captain Milton Zacharias, United States Air Force Reserve, 241 North Broadview, Wichita, Kansas;  Brigadier General Donald B. Adams, Organized Reserve Corps, 391 Beachmont Drive, New Rochelle, New York;  Captain Jesse Draper, United States Naval Reserve, Grant Building, Atlanta, Georgia;  Captain Richard L. Wynes, United States Air Force Reserve, 2360 Coates Street, Dubuque, Iowa; and  Brigadier General E. A. Evans, Organized Reserve Corps, 6336 Thirty-first Place Northwest, Washington, District of Columbia. (e) In conducting the official business of any department or chapter each active member of such department or chapter shall have one vote.  SEC. 8.  The corporation may acquire any or all of the assets of porated association. .the unincorporated association, known as the Reserve Officers Association of the United States, upon discharging or satisfactorily pro-viding for the payment and discharge of all the liabilities of such unincorporated association.   SEC. 9.  The corporation shall have no power to issue capital stock or to engage in business for pecuniary profit or gain.  SEC. 10.  The corporation, and its members and officers as such, shall not contribute to or otherwise support or assist any political party or candidate for elective public office.  SEC. 11.  No part of the income or assets of the corporation shall inure to any member or officer thereof, or be distributable to any such person except upon dissolution and final liquidation of the corporation when, after the discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets of the corporation shall be divided equally among the then active members and officers. Liability.   SEC. 12.  The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.  SEC. 13.  The corporation shall keep current and complete books and records of account and shall also keep minutes of the proceedings of the national conventions, the national executive committee, and the national council. It shall keep at its principal office a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member or his agent or attorney for any proper purpose at any reasonable time.  SEC. 14.  The corporation shall not make any loans to its officers or members of the national executive committee. Any member of the national executive committee who votes for or assents to the making of loan or advance to an officer of the corporation, and any officer who participates in the making of such a loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.  SEC. 15.  (a) The financial transactions shall be audited annually by an independent certified public accountant in accordance with the principles and procedures applicable to commercial corporate transactions. The audit shall be conducted at the place or places where the accounts of the corporation are normally kept. All books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the corporation and necessary to facilitate the audit shall be made available to the person or persons conducting the audit; and full facilities for verifying transactions with the balances or securities held by depositors, fiscal agents, and custodians shall be afforded to such person or persons. (b) A report of such audit shall be made by the corporation to the Congress not later than January 15 of each year. The report shall set forth the scope of the audit and shall include a verification by the person or persons conducting the audit of statements of (1) assets and liabilities, (2) capital and surplus or deficit, (3) surplus or deficit analysis, (4) income and expense, and (5) sources and application of funds.  SEC. 16.  The national headquarters of the corporation shall be located in the District of Columbia. The corporation shall maintain at all times in the District a designated agent authorized to accept service of legal process for the corporation. Notice to or service upon such agent shall be deemed to be notice to or service upon the corporation.  SEC. 17.  As a condition precedent to the exercise of any power or privilege granted or conferred under this Act, the corporation shall file in the office of the secretary of state, or similar officer, in each State and in each Territory or possession of the United States, in which subordinate departments and local chapters are organized, the name and post office address of an authorized agent in such State upon whom legal process or demands against the corporation may be served.  SEC. 18.  The corporation and its subordinate departmental subdivisions and local chapters shall have the sole and exclusive Right to have, and to use in carrying out its object and purpose, the name of “Reserve Officers Association of the United States" and such seals, emblems, and badges as the corporation may lawfully adopt.  SEC. 19.  The right to alter, amend, or repeal this Act is hereby expressly reserved. 

Approved June 30, 1950.